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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN
Venkatesappa – Appellant
Versus
President Sevaganapalli Panchayat, Hosur – Respondent
ORDER :
V. LAKSHMINARAYANAN, J.
1. The petitioner is the owner of the property situated at S.No.107/5, Kaguanur Village, Hosur Taluk, Krishnagiri District. Abutting his property on the northern side is a layout promoted by one M/s. Pushpam Realty. The said M/s. Pushpam Realty had developed the layout in S. No. 112/1 and 112/2A, 2B, 3C and 3D1.
2. The petitioner asserts that as a condition for approval of layout, the developer had executed a Gift-deed in favour of the 1st respondent-Panchayat. By the said deed, he hands over the roads, parks and other common amenities in favour of the 1st respondent. After the layout had been developed and sold, the villa owners took possession of the same. The access of the petitioner to his property is through a 30 feet road running between Plot Nos. 37 and 38 to 45 and 30. To the shock and surprise of the petitioner, certain persons have raised a wall across the public road. Aggrieved by the said act, the petitioner approached the respondents by way of a notice dated 24.07.2025, requesting immediate action against the constructions. Though the notices were received on 28.07.2025, no action was initiated. Hence, the petitioner, yet again approached t
Section 272 of K.P.R. Act provides that all roads vested in or maintained by a Panchayat shall be open to use and enjoyment of all persons.
Mandamus directs survey and removal of encroachment on gifted public road land after notice and hearing.
Revenue authorities directed to demolish unauthorized structures like security room and walls encroaching on public roads vested with Panchayat, ensuring restoration and prevention of future obstruct....
Public roads in layouts vest in panchayat upon formation and gifting; encroachments thereon prohibited, tax assessment barred, removal mandatory under Panchayats Act.
Encroachments on public pathways violate rights to public usage as per approved layouts, necessitating removal.
Public pathways in revenue records cannot be obstructed; title documents and gifts confirm public status, justifying eviction.
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